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(영문) 서울중앙지방법원 2016.12.06 2016가합15520
양수금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Bankruptcy Trustee of the Bankrupt Credit Cooperatives (hereinafter referred to as the “Monthly Credit Cooperatives”) 1) The Bankruptcy Trustee of the Bankrupt Credit Cooperatives (hereinafter referred to as the “Monthly Credit Cooperatives”)

On October 20, 2003, Daegu District Court 2003Kahap14076, filed a lawsuit against executive officers, including the Defendant, who had been a monthly credit consultation B, seeking compensation for damages caused by monthly credit settlement, and unfair operation of surplus funds. 2) On September 29, 2005, the Daegu District Court rendered a final judgment against the Defendant on September 29, 2005 as the Defendant sought 50 million won from June 11, 2004 to September 29, 2005, with the amount of KRW 20% per annum from September 30, 2005 to September 30, 2005 (hereinafter “the judgment against the Defendant”).

3) The Defendant’s remainder of the Defendant’s repayment to the monthly credit union in accordance with the instant judgment is KRW 250,120,002 (hereinafter “instant judgment claim”).

B) B. B. On October 7, 201, the monthly compromise, including the Plaintiff’s acquisition of the Plaintiff’s claim, transferred the instant claim against the Defendant to the Plaintiff, and notified the Defendant of the assignment of the claim and the notification thereof to the Defendant at that time. (c) On the other hand, the Defendant filed bankruptcy and application for immunity with the Daegu District Court Decision 201Hau562, 201, 5662, August 18, 2010, upon which the said court rendered a bankruptcy and application for immunity on May 7, 2012 and the said decision of immunity became final and conclusive on May 23, 2012 (hereinafter “instant decision of immunity”).

At the time of the above bankruptcy and application for immunity, the defendant entered the claim of this case in the list of creditors. [Grounds for recognition] There is no dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4 (if available, including each number; hereinafter the same shall apply).

each entry, whole pleading, or any other statement.

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